Gambling and gambling-related offences

Changes to the Act came into effect on 1 July 2015. The legislation consolidates the various offences previously relating to:

lotteries

unlawful games

betting

totalisators and

betting exchanges.

They were replaced with three new offences relating to conducting 'unauthorised gambling'.

It also provides a definition of gambling in the legislation.

What is gambling?

Gambling is defined in the Act as an activity which includes all of the following:

a prize of money or something else of value is offered or can be won

a person pays or stakes money or some other valuable consideration to participate

the outcome involves, or is presented as involving, an element of chance.

An activity is defined as 'gambling' if it involves an element of chance. This applies even if the outcome of the activity may be influenced by a person's skill.

What is unauthorised gambling?

'Unauthorised gambling' means gambling that is not authorised by or under the Act or other legislation.

A person conducts unauthorised gambling if they:

organise, manage or supervise unauthorised gambling

distribute a prize offered in unauthorised gambling

distribute money paid or staked in unauthorised gambling

facilitate participation in unauthorised gambling (including by allowing a person to participate in unauthorised gambling)

use a document, device, piece of equipment or other thing for the purposes of enabling unauthorised gambling to take place

assists in any of the above activities.

A person does not conduct unauthorised gambling if they only participate in unauthorised gambling.

What activities do not fall under the definition of gambling?

Activities that do not fall under the definition of gambling include:

an activity that is undertaken with no intention to raise money, in which all money is returned to the participants, and from which the organiser or manager of the activity does not profit

an activity in which all participation is free of charge

the receiving of winnings by:

the winner of a horse or other race, sport, game or exercise

the owner of the horse

a private raffle among employees where the net proceeds of the raffle are appropriated to provide amenities for employees and where the value of the prize does not exceed $5,000

an activity prescribed in the Regulations.

What activities constitute 'gambling' but not 'unauthorised gambling'?

Some activities that fall within the new definition of 'gambling' are defined as being 'authorised' for the purposes of the Act. These include:

games at amusement centres, fetes or carnivals

betting games on approved foot or bicycle races

approved Calcutta Sweepstakes

the conduct of two-up associated with ANZAC day:

Two-up may ONLY be played at RSL clubs, sub-branches, or any venue used by the RSL for a commemorative event. The Victorian State Branch MUST approve all RSL club and sub-branch applications to play two-up. This includes two-up games on ANZAC Day itself and commemorative functions seven days prior to ANZAC Day. For further information about the application process, please contact the State Branch of the RSL on (03) 9655 5555, or email rslvic@rslvic.com.au

Conduct of these activities (in accordance with the legislative provisions applying to them) will not constitute an 'unauthorised gambling' offence.